‘Missed Opportunity’ In File Sharing Case? Don’t Believe It

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With the $675,000 judgment against Joel Tenenbaum now final, the inevitable finger pointing has begun. Tenenbaum was only the second person in the nation to be sued by the RIAA for file sharing and to take the case all the way to jury trial, making it a closely watched case. It’s not surprising he lost, given that he admitted to sharing 30 songs on Kazaa and Limewire. But a few commentators have decided that Tenenbaum’s lawyer, Harvard’s Charles Nesson, is to blame for failing to offer the nuanced “ fair use ” defense invited by the judge.